EDD overpayment for 13 weeks - hardship options to avoid full repayment?

ya I had similar thing happen to me last year. they said i owed like 8 weeks. the thing about hardship is u need to prove u cant pay it back. like if u make under a certain amount or have lots of bills. u gotta fill out the DE 1446HW form to apply 4 the hardship waiver. its on the edd website. they might reduce what u owe if u qualify

You have a few options with EDD overpayments. First, you should determine if they classified this as a "non-fraud" or "fraud" overpayment. This makes a huge difference in both penalties and repayment options. For hardship waivers (DE 1446HW): 1. You need to prove financial hardship - income statements, expenses, assets, etc. 2. Only non-fraud overpayments qualify for waivers 3. You must prove repayment would cause extraordinary hardship Alternatively, you can request a payment plan that fits your budget. Or you can appeal the overpayment determination within 30 days if you believe it's incorrect. Based on your situation where it wasn't intentional, definitely emphasize that in any communication with EDD - accidental overpayments are treated much more leniently.

@profile8 Yes, the notice should specify whether it's considered fraud or non-fraud. Look for wording like "willful misrepresentation" or "false statement" (fraud) versus "inadvertent error" or simply "overpayment" (non-fraud). The consequences are dramatically different - fraud overpayments can include a 30% penalty plus disqualification from future benefits for weeks of penalty.

I work with EDD cases regularly, and here's what you need to know about hardship waivers: 1. The DE 1446HW form requires detailed financial information - all income sources, expenses, assets, etc. 2. EDD looks at your entire financial picture, not just your income 3. You'll need documentation to support your claims (bank statements, bills, etc.) 4. The standard is that repayment would cause "extraordinary hardship" - meaning basic living expenses couldn't be met 5. Processing can take 4-8 weeks, but you can request that collections be paused while they review Importantly, if you're currently receiving benefits, call EDD immediately to request they not offset your current benefits until they've made a decision on your hardship application. Without this request, they may automatically start reducing your current benefits by 25-100%.

@profile7 Unfortunately that happens frequently. That's why it's crucial to call and specifically request that they flag your account to prevent automatic recoupment while your hardship application is pending. Just submitting the form doesn't automatically stop collection activities - you need to explicitly request this.

I had an overpayment situation last year (different reason - they said I didn't report some self-employment income correctly). I applied for hardship AND appealed at the same time. The appeal process actually paused any collections until the hearing. I ended up winning my appeal because I could prove I actually did report everything correctly - they had made the error. So definitely consider if there's any grounds to appeal the overpayment determination itself!

Anyone else think its INSANE that EDD comes after people YEARS LATER for mistakes THEY probably caused?? I bet half the time its their system glitching out! Then they expect you to remember exactly what happened 2+ years ago?? The whole system is designed to screw over regular people just trying to get by. And good luck getting anyone on the phone to explain anything clearly!

Just to clarify a few things based on the discussion: 1. Appeals will indeed pause collections, but only if your appeal has merit. Filing an appeal just to delay repayment can backfire. 2. EDD has up to 3 years to assess overpayments (longer for fraud), so receiving notices about claims from 2023 is unfortunately normal. 3. For the original poster: If your notice only mentions "overpayment" without fraud language, that's good news. Non-fraud overpayments have more flexible repayment options. 4. The hardship waiver success rate has improved recently, but still requires thorough documentation of financial hardship. 5. Payment plans are always an option if a full waiver isn't granted - you can propose a monthly amount that works for your budget. Based on your situation, I'd suggest: 1) Request a payment plan immediately, 2) Apply for hardship waiver with detailed documentation, and 3) Call to request they don't offset current benefits while reviewing your case.